(1.) BY way of this appeal under Section 173 of Motor Vehicles Act, 1988, the Appellants -claimants have challenged the judgment and award dated 05 -08 -2006 passed by Motor Accident Claims Tribunal/District Judge, Tehri Garhwal, in M.A.C.C. No. 17/2005, Smt. Pushpa Devi and Anr. v. Smt. Sushma Joshi and Anr.
(2.) BRIEF facts of the case, as narrated in the claim petition, are that on 18 -9 -2004 claimants' son -Suresh Singh was traveling in vehicle bearing No. U.P. 07C -0234 and on account of rash and negligent driving of driver of said vehicle, said vehicle met with an accident near Hulanakhal, in which Suresh Kumar died due to injuries sustained in the accident. The deceased was 25 years of age at the time of his death and he had been working as Patwari and was drawing a salary of Rs. 5,655/ - per month.
(3.) OPPOSITE party No. 2 -insurance company filed its written statement denying the contents of the claim petition and stated that claimants were not dependents on deceased, therefore they are not entitled to get the compensation. It has also been stated that at the time of accident driver of vehicle was not holding valid driving licence, therefore claim petition is not maintainable under the provisions of Section 166 of Motor Vehicles Act. The vehicle in question was being plied in breach of conditions of insurance policy.